Legal Matters - A child's best interest: Custody defined

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A: For any two people who have children but are no longer living together, they are faced with determining custody of their children. If parties are unable to agree on a custodial arrangement by way of negotiating terms of a separation agreement, the court will intervene and make a decision based on what is deemed to be in the children’s best interest.

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Custody refers to decision making with respect to children. For instance, a sole custodial parent is responsible for making essential decisions regarding a child’s well-being . This would include, for example, addressing issues respecting a child’s medical and educational needs. This is not to say that the non-custodial parent should not be consulted with respect to these issues. However; in the event of a dispute, the sole custodial parent will make such decisions.

Access refers to the right to share time with a child and involves the right to receive information from third parties such as teachers and medical professionals.

Joint custodial parents are responsible for making these essential decision equally. This arrangement succeeds because there is a history of mutual cooperation. Generally speaking, a court will not grant joint custody to parents who cannot put their differences aside for the sake of the children. Frankly, joint custody is rarely imposed by a court in circumstances where separated parents are unable to cooperate and communicate effectively where children are concerned.